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If you've already come to a settlement (or at least worked it out and agreed on it in writing) and signed the necessary documents, it would be wrong to file the same complaint with the NLRC.

I assume the settlement worked out with you was done voluntarily, without any threat or intimidation so it is a binding document.

I believe the payment of the final pay, tax refund and pro-rated 13th month pay would be correct.

As to the reinstatement, that would be a valid remedy for the company to correct a possible clerical error.

Were you able to prove that you already have a new employer? It's easy to say so just to avoid having to undergo the reinstatement. But you may have to prove it as well.

As to the written notice 30 days prior to your 6th month - would this be referring to your regularization papers or your non-regularization?

From what I remember from previous processes, there may be no requirement to provide any such written notice if you were to be regularized.

If you do decide to go to the NLRC even after the settlement at DOLE, it could be considered something similar to double jeopardy and/or forum shopping (going to different courts, offices or legal procedures to get a favorable ruling.

Besides, you may have to spend more that what you'll actually be getting from the company. Costs for lawyers, paperwork, etc could pile up.

Personally, I would suggest that you move on and get your final pay, etc from your previous company and let that be a learning experience.

i would argue that you were already a regular employee the moment you hit six months. if you will file for illegal termination, it should be at the nlrc.

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